The appellant, a small contractor, appealed a trial judgment regarding a complex construction dispute over a marina dredging project.
The trial judge had dismissed most of the appellant's claims and awarded punitive costs against a co-defendant, along with a Bullock order.
The Court of Appeal dismissed the appeals on the merits, finding no palpable and overriding error in the trial judge's factual findings.
However, the Court allowed the appeals regarding costs, holding that the test for solicitor-and-client costs was not met and that a Bullock order was inappropriate in the circumstances.
Costs were varied to a partial indemnity scale.
